The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1887-09-29
such should be the case again. The old
rule worked we'll, the new rule works

such should be the case again. The old
rule worked we'll, the new rule works
badly.
Another reform or change, I think, is
imperatively demanded-a change, sug-
gested by Governor Jno. G. Sheppard, in
his message to the Legislature; and that
is to restore the old summary process
Jurisdiction to our Courts of Common
Pleas. Instead of that Jurisdiction being
($S5.71) eighty.6ve dollars and seventy
one cents, as it formerly was, it should
be, if restored, enlarged to at least one
hundred dollars, so as to exceed the
jurisdictionEof trial justice, and could,
with safety and advantage, be made still
greater. 1t should extend to two hun
dred dollars. All cases, both contract
and tort, not involving title to land,
within this summary process jurisdiction,
would be tried bysthe Judge without a
jury, with the right restored to either
party to demand jury. This would
effect an immense saving of time, and
would greatly further the ends ofjustice.
For while the members of the Bar
would frequently cali for irial;by jury in
these cases, but would soon abandon the
habit, becoming better satisfied with the
judgment of the Court. Under the for
mer system it became rare thing when
the call of the process docket for a jury
to be called for, and the experience Of
the Bar was that cases on that docket
were more satisfactorily decided by the
Judge than were cases tried by jury on
the docket.
Another effect vas greatly to lessen
litigation in small cases. Frivolous
defences will not be SO readily set up
before a Judge as before jury. In
restoring the summary process, jurisdic-
tionF enlarged sas I suggest, so as TO
exceed the Jurisdiction of the trial JUS
tice, there would be no necessity to alter
the mode of commencing the action.
These actions would continue to be com.
menced by summons and complaint as at
present. The amount claimed in the
complaint, would fix thej Jurisdiction and
the docket upon which the cause should
be placed.
By this change we would secure q
great saving Of time, great economy and
more satisfactory results in deciding
civil cases of small amounts. Some of
these small cases often consumes q dayor
more in being tried before a jury THAT
would be disposed Of before a Judge in
less than half the time.
It must not be forgotten that the larg.
est pecuniary interests of the people are
not determined by juries. On,the equity
side of the Common Pleas cases are
determined by the Judge without jury,
involving the rights off larger number
of persons and greater pecuniary
amounts than a dozen of the average
cases tried by jury. These important
DEGREES in Chancery generally give
greater satisfaction to all concerned than
verdicts of juries; especially is this the
case since the Judge is not allowed to
aid a jury in reaching conclusion.
How to diminish the number Of trials
by jury in civil cases, and to shorten the
time consumed in such cases as are tried
by jury, is subject agitatiDg the minds
of Judges, lawyers and Legislators in the
different States of the Union. Relief is
imperatively demanded. The dockets of
the Courts Of Common Pleas, elsewhere
as we'll as in our State, are overcrowded
with litigation-a vast deal of which is
of a trihing character.
The crimical Courts are also so over
burdened as to leave little time for civil
business, which always has to await the
conclusion of the General Sessions before
receiving attention. By the time the
Common Pleas is reached the term of
the Court is nearly ended; and then,
after the trial of few cases by jury in
the Common Pleas, precious little time
is left for. attention to the most impor.
tant of all the work, the equity cases.
One ofthese equity cases often involves
greater sums to greater number of per.
sons, including widows and orphans,
than perhaps all the cases tried by jury
during the term. Yet the Judge and
attorneys are so pressed for time as to be
unable to give the case full and careful
hearing.
Whilst we had a separate; Court of
Chancery this vas not SO, and the conse-
quence was that all matters in chancery
received the most careful attention at the
hands of the chancellors and solicitors in
equity. Much of this work now,
especially where there is no litiga-
ton, is done in undue haste; and
all of it, whether litigated or not, is
necessarily too much hurried. It is vain
to advocate restoration of the old Court
of Equity. 1t will not be done. The
next best thing to be done is to devise
some means by which all cases in Chan.
Gerry, and all important cases at Law, can
be heard fully, and decided before the
marrow is out of the bone"
The plan proposed by Governor Shep.
pard will conduce to this end, viz, the
establishment of summary process
docket upon which all cases of contract
and tort, not involving title to land, and
in which the damages claimed do not
exceed, say two hundred dollars, shall be
tried by the Judge without ajury.
Exclude from the Court of Common
Pleas all cases of the kind in which the
damages claimed are less than one hun
dred dollars, and give to the Courts of